AMENDMENTS PROPOSED BY THE SENATE COMMITTEE ON REHABILITATION AND SOCIAL SERVICES

1. Page 14, introduced, line 10, after his

strike

right

insert

opportunity

2. Page 14, introduced, line 20, after written consent

insert

to the adoption or a denial of paternity

3. Page 14, introduced, line 26, after parent.

insert

The court may appoint counsel for the birth parent(s).

4. Page 14, introduced, line 27, after consent

insert

and enter an order waiving the requirement of consent of the nonconsenting birth parent and transferring custody of the child to the prospective adoptive parents, which order shall become effective fifteen days thereafter

5. Page 14, introduced, line 28, after petition,

strike

remainder of line 28 and all of line 29

insert

the court shall order that any consent given for the purpose of such placement shall be void and, if necessary, the court shall determine custody of the child as between the birth parents.

6. Page 14, introduced, line 42, after 4.

strike

all of lines 42-46

insert

If the child was placed by the birth parent(s) with the prospective adoptive parents and the child has resided in the home of the prospective adoptive parents for more than ninety days, and if both birth parents have failed, without good cause, to appear at a hearing to execute consent under this section for which they were given proper notice pursuant to § 16.1-264, the court may grant the petition without the consent of either birth parent and enter an order waiving consent and transferring custody of the child to the prospective adoptive parents, which order shall become effective fifteen days thereafter. Prior to the entry of such an order, the court may appoint legal counsel for the birth parents and shall find by clear and convincing evidence that (i) the birth parents were given proper notice of the hearing(s) to execute consent and of the hearing to proceed without their consent, (ii) that the birth parents failed to show good cause for their failure to appear at such hearing(s) and (iii) that the consent of the birth parents is withheld contrary to the best interests of the child pursuant to § 63.1-225.1 or is unobtainable.

7. Page 17, introduced, line 27, after his

strike

right

insert

opportunity

8. Page 17, introduced, line 37, after written consent

insert

to the adoption or a denial of paternity

9. Page 17, introduced, line 42, after parent.

insert

The court may appoint counsel for the birth parent(s).

10. Page 17, introduced, line 44, after consent

insert

and enter an order waiving the requirement of consent of the nonconsenting birth parent and transferring custody of the child to the prospective adoptive parents, which order shall become effective fifteen days thereafter

11. Page 17, introduced, line 45, after petition,

strike

remainder of line 45 and all of line 46

insert

the court shall order that any consent given for the purpose of such placement shall be void and, if necessary, the court shall determine custody of the child as between the birth parents.

12. Page 18, introduced, line 5, after 4.

strike

all of lines 5 through 9

insert

If the child was placed by the birth parent(s) with the prospective adoptive parents and the child has resided in the home of the prospective adoptive parents for more than ninety days, and if both birth parents have failed, without good cause, to appear at a hearing to execute consent under this section for which they were given proper notice pursuant to § 16.1-264, the court may grant the petition without the consent of either birth parent and enter an order waiving consent and transferring custody of the child to the prospective adoptive parents, which order shall become effective fifteen days thereafter. Prior to the entry of such an order, the court may appoint legal counsel for the birth parents and shall find by clear and convincing evidenced that (i) the birth parents were given proper notice of the hearing(s) to execute consent and of the hearing to proceed without their consent, (ii) that the birth parents failed to show good cause for their failure to appear at such hearing(s) and (iii) that the consent of the birth parents is withheld contrary to the best interests of the child pursuant to § 63.1-225.1 or is unobtainable.